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DEFENDING EMPLOYEE RIGHTS THROUGHOUT CALIFORNIA

Is My Employer Required to Employ Me While I Sue Them in a Reasonable Accommodation Lawsuit?

In California, your employer is generally not required to continue your employment while you pursue a lawsuit related to reasonable accommodation—unless specific legal protections or court orders apply. However, the facts of your case and how your employer handles your accommodation request may influence whether their actions are lawful or retaliatory. Reasonable Accommodation Lawsuits and Employment Status When you sue for failure to accommodate under California law or the federal Americans with Disabilities Act (ADA), you are asserting that your employer failed to make necessary...

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My Employer Says Providing Reasonable Accommodation would be Prohibitively Expensive. What Can I Do?

Under California law, employers are required to provide reasonable accommodations to employees with disabilities unless doing so would cause an “undue hardship” on the business. However, employers must demonstrate that the cost or difficulty of the accommodation is truly significant—not simply inconvenient or undesirable. What Qualifies as Undue Hardship? “Undue hardship” refers to an action requiring significant difficulty or expense when considered in light of specific factors, including: The nature and cost of the accommodation The overall financial resources...

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Can I Be Legally Fired in California for Requesting Reasonable Accommodation?

No, under California law, it is illegal for an employer to fire you simply for requesting a reasonable accommodation for a disability or medical condition. The Fair Employment and Housing Act (FEHA) protects employees from termination or retaliation based on the assertion of their legal rights, including the right to request accommodation. Understanding FEHA Protections FEHA requires California employers with five or more employees to provide reasonable accommodations to qualified individuals with physical or mental disabilities, as long as it does not impose an undue hardship on the...

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Under California Labor Law, What Are My Legal Options If My Employer Refuses to Provide Reasonable Accommodation?

California law protects employees with disabilities or medical conditions by requiring employers to provide reasonable accommodations that allow them to perform essential job duties. If your employer refuses to accommodate your needs, you have several legal options to assert your rights and seek recourse. Your Rights Under FEHA The Fair Employment and Housing Act (FEHA) is the primary law in California that prohibits discrimination and requires employers to provide reasonable accommodations to qualified employees with disabilities. Employers must also engage in a good-faith...

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Am I Required to Disclose My Medical Condition to Request Accommodation?

Am I Required to Disclose My Medical Condition to Request Accommodation? Under California law, employees are not required to disclose their specific medical diagnosis when requesting a reasonable accommodation. However, to trigger an employer’s obligation to provide an accommodation, you must inform them that you have a condition that limits your ability to perform essential job functions and that you need assistance. What Must I Tell My Employer? When requesting accommodation, you generally only need to share: That you have a physical or mental condition affecting your job...

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What Constitutes Reasonable Accommodation Under California Law?

Under California law, reasonable accommodation refers to adjustments or modifications made by an employer to enable an employee with a disability to perform the essential functions of their job. These accommodations are required under both the federal Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), which provides even broader protections. Who Qualifies for Reasonable Accommodation? To be eligible for reasonable accommodation, an employee must: Have a physical or mental disability that limits a major life activity Be able to...

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